In addition to the sample agreement below, some related resources on this
site include:

Forensic Assessment Checklist:
This list reviews important issues to be addressed in the planning, implementation,
reporting, and documentation of a forensic
assessment.

Update on Malingering Research: This
resource catalogues research on assessing malingering, providing citations
and brief summaries of research and review articles that have
been published in peer-reviewed scientific and professional journals
from January, 2002, to the present.

Psychology Laws & Licensing Boards In Canada & the
United States:
licensing board addresses & phone numbers; where available links to board
web sites; where available, links to documents such
as legislation relevant to the practice of psychology in that province
or state, application
information for a psychology license or registration, and continuing education
requirements.

Sample Agreement Between Expert Witness and Attorney

Chapter 5 discussed the different approaches that expert witnesses and
attorneys use to reach agreement on fees. This appendix sets forth an example
of a fee agreement. What is important is that the written agreement provide
a clear understanding between attorney and expert witness about how fees
are to be calculated and paid.

The example below requires payment of all
fees in advance. Advance payment prevents situations in which the expert
witness has conducted an assessment, written a report, billed the attorney,
but not received full payment when due.

Any sample agreement, of course,
should be adapted to meet the needs of the individual expert witness,
the specific circumstances of the assessment, and any applicable legislation,
case law, and other standards or regulations in the relevant jurisdiction.

Before using any agreement, the expert witness should always and in
all circumstances review the form with his or her own professional liability
attorney (i.e., not the attorney who is hiring the individual as
an expert
witness) to ensure that it fully meets the applicable legal, ethical,
and
professional standards as well as the needs and approaches of the
expert witness.

CONSULTANT AGREEMENT [NAME OF EXPERT WITNESS]

Initial Case Review and
Consultation

There is an initial, nonrefundable case-opening, review, and consultation
fee of [an amount equal to 10 times the professional's hourly rate]
to be paid in
advance of opening work on the case.

If work in the [city or town in which expert witness practices] area
(i.e., the area within 20 miles of [location of expert witness's office])
during
this phase
(i.e., before I am retained or disclosed as an expert witness) exceeds
10 hours, an advance of [an amount equal to 10 times the professional's
hourly
rate] is
due immediately; each additional hour (beyond the initial 10) will be
billed at the rate of [professional's hourly rate] per hour.

Each time
the advance is depleted, a subsequent advance of [an amount equal to
10 times the clinician's hourly rate] is due immediately, against
which
each
additional hour will be billed at the rate of [hourly rate] per hour.
Unlike the initial case-opening, review, and consultation fee of [an
amount equal
to 10 times the expert witness's hourly rate], which is nonrefundable,
the unused
portion of any of these subsequent [an amount equal to 10 times the
expert witness's hourly rate] advances (during this period prior to naming
or
endorsing me as
an expert witness) will be returned should my services no longer be
needed.

Disclosure as an Expert Witness

If, on the basis of the initial review
and consultation, you decide to disclose me as an expert witness in the
case, an additional nonrefundable
payment
of [an amount equal to 10 times the expert witness's hourly rate]
must be received by
me in advance of my being named as an expert witness.

If work in the [city or town] area (i.e., the area within 20 miles
of [office]) during this phase exceeds 10 hours, an advance of
[an amount
equal to 10
times the professional's hourly rate] is due immediately; each
additional hour (beyond
the initial 10) will be billed at the rate of [hourly rate] per
hour.

Each time the advance is depleted, a subsequent advance
(for work
to be done
within [city
or town]) of [an amount equal to 10 times the expert witness's
hourly rate] is due immediately, against which each additional
hour will
be billed at
the rate
of [hourly rate] per hour.

Unlike the [an amount equal to 10
times the professional's hourly rate] fee for case opening and the
[an amount equal
to 10 times the
professional's hourly rate] fee for endorsement as expert
witness-both of which are nonrefundable-the
unused portion of any of these subsequent [an amount equal
to 10 times the professional's hourly rate] advances (during this period
prior
to naming or endorsing me as
an expert witness) will be returned should my services no
longer be needed.

It is understood that the opposing attorney(s) will
pay my hourly fee for the deposition itself at the time that I am deposed.
[As noted
in chapter
5, the
party or parties responsible for paying an expert witness for
time spent in deposition varies from jurisdiction to jurisdiction.]

Work
Conducted Outside the [City or Town] Area

For any travel out of [city
or town] area, the charge is [eight times the hourly rate] per 24-hour
period (or fraction thereof),
plus expenses
(transportation
as discussed, food, lodging, and delivery of documents
via such carriers
as Federal Express), to be received by me at least 1 week
prior to the scheduled departure
from the [city or town] area.

If I do not receive any of
the payments called for hereunder exactly when due, I shall stop all
work and vacate all
appointments, in
which event
you agree to
assume sole responsibility for any and all damages or
expenses that may result to you or your client(s).

In the event of any litigation
arising under the terms of this agreement, the prevailing party shall
recover their reasonable
attorneys' fees.

If you agree to these terms, please
sign below and return a signed copy to me along with the case-opening
fee.
__________________________________